QUESTION
When two business are using the same business name, serving the same geographical location, and performing the same service, what can be done.
Asked on Feb 02nd, 2012 on Business Law - Illinois
More details to this question:
approxamately 9 months ago, we formed a LLC through the state of Illinois and have been selling under our name since. Just recently we found through a google search another company with the same name. They perform the same service we do and are approxamately 15 miles from our location. They are not a LLC or a corporation through the state of Illinois, and we are currently checking the county they are in to see if they registered with them a DBA. is there anything we can do about this.
We do not know how long they have been around and they only have a residental address listed as their business adrress.
1 ANSWER
Reviews not shown
1 Award
This dispute is governed by the law of trademark. As a general matter, the "senior" user of a trademark has the right to exclude the "junior" user from using the mark in a way that is likely to cause confusion among consumers of the service. An attorney who specializes in trademark litigation can assist you.
Answered on Feb 02nd, 2012 at 6:24 PM